Up until the present, the Hoosier State has kept it simple – outlawing pot completely with some of the most stringent marijuana penalties in the country. But that could change with some state lawmakers hinting at medical marijuana or legalization in the future. Until then, here’s a brief summary of Indiana’s current marijuana laws.

Marijuana Laws in Indiana

Other states have expanded their drug laws to cover marijuana legalization and decriminalization, but marijuana remains illegal in Indiana even in medicinal cases. Possession of even small amounts of marijuana is a crime in the Indiana, albeit having less than 30 grams on you is a misdemeanor. Some jurisdictions may offer drug diversion programs for some first-time offenders with no criminal history, it's still a criminal offense, risking jail sentences and heavy fines.

Indiana has some of the most draconian marijuana penalties in the country. Possession of even a single joint is punishable by up to a year of incarceration and a fine of up to $5,000. Sadly, almost 90% of all reported burglaries, including home invasions, and over 85% of all motor vehicle thefts go unsolved, according to the state-based reports from Indiana state law enforcement to the FBI for the year 2012. During the same year, law enforcement devoted valuable time and resources to either arresting or citing over 9,000 individuals for marijuana- related offenses, 86% of which were for possession.

African Americans often bear the brunt of unfair enforcement of marijuana prohibition policies, and in Indiana, African Americans are over three times more likely to be arrested for possession of marijuana than their white counterparts, even though blacks and whites consume marijuana at similar rates. For more information on how the war on marijuana is often waged unequally, check out this report by the ACLU.

If there is good news coming out of this year’s session, it’s that Indiana did not go backwards in its marijuana policy. Bills reminiscent of the 1980’s failed strategy of ever-increasing penalties also did not move forward, including SB 275 and SB 278, which would have greatly increased Indiana’s already harsh penalties for marijuana possession, despite research that shows that increasing penalties does not change behavior.

Given the benefits marijuana policy reform has — from allowing police to focus on real crime, to raising revenue through legalization and taxation, to improving seriously ill patients’ wellbeing with medical marijuana — it should be just a matter of time before legislators and the governor’s office catch up to the will of the voters.

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